IN THE CASE OF:	  

		BOARD DATE:	  5 February 2014

		DOCKET NUMBER:  AR20130009104 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests the correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Soldier's Medal
* Army Commendation Medal (2nd Award)
* Air Medal (3rd Award) and with "V" Device

2.  The applicant states he was awarded these medals but they are not listed on his DD Form 214.

3.  The applicant provides his DD Form 214, six orders, six certificates, and two citations.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 4 November 1969 and he held military occupational specialty 67N (UH-1 Helicopter Repairman).  He served in Vietnam from 26 May 1970 to 12 June 1971 while assigned as follows to:

* Headquarters and Service Company (HSC), 15th Medical Battalion, 1st Cavalry Division, from 26 May 1970 to 2 April 1971
* Headquarters and Headquarters Company, 3rd Brigade, 1st Cavalry Division, from 3 April to 12 June 1971

3.  The applicant provides and his records contain:

* General Orders (GO) Number 17717, dated 1 October 1970, issued by Headquarters (HQ), 1st Cavalry Division, awarding him the Air Medal with "V" Device for heroism while participating in aerial flight on 25 August 1970
* GO Number 2010, dated 29 January 1971, issued by HQ, 1st Cavalry Division, awarding him the Air Medal for meritorious service while participating in aerial flight from 8 to 18 August 1970
* GO Number 2190, dated 2 February 1971, issued by HQ, 1st Cavalry Division, awarding him the Soldier's Medal for heroism not involving  conflict with the enemy on 26 August 1970
* GO Number 4510, dated 2 March 1971, issued by HQ, 1st Cavalry Division, awarding him the Air Medal (3rd Award) with "V" Device for heroism while participating in aerial flight on 11 February 1971
* GO Number 5456, dated 14 March 1971, issued by HQ, 1st Cavalry Division, awarding him the Air Medal for meritorious service from May 1970 to April 1971
* GO Number 5598, dated 16 March 1971, issued by HQ, 1st Cavalry Division, awarding him the Army Commendation Medal (1st Oak Leaf Cluster (or 2nd Award)) for meritorious achievement from 15 February to 30 March 1971

4.  His records also contain Special Orders Number 26, dated 26 January 1971, issued by HQ, 1st Cavalry Division, awarding him the Aircraft Crewmember Badge effective 14 January 1971.

5.  He was honorably released from active duty on 13 June 1971 and he was transferred to the U.S. Army Reserve.  He completed 1 year and 7 months of creditable active service with no lost time.
6.  The DD Form 214 he was issued shows in:

* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal
* item 30 (Remarks) that he served in Vietnam from "26 May 1971-12 June 1971"

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  Item 41 (Awards and Decorations) of this form shows, in part, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  His records are void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in two campaigns.

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows HSC, 15th Medical Battalion was cited for award of the:

* Meritorious Unit Commendation for the period 1 May 1970 through 31 January 1971, in DAGO 27, dated 1985 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 21 February 1970 through 28 February 1971, in DAGO Number 42, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the Soldier's Medal, Army Commendation Medal (2nd Award), Air Medal (3rd Award) and with "V" Device, Aircraft Crewmember Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), none of which are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these medals and badges.

2.  The evidence of record confirms he served honorably from 4 November 1969 to 13 June 1971.  He served with distinction in Vietnam and he received all “excellent” conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

3.  His record confirms during his service in Vietnam he participated in two campaigns.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  GO awarded his unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  Item 30 of his DD Form 214 shows he served in Vietnam from 26 May 1971 to 12 June 1971 while the evidence of record confirms he served in Vietnam from 26 May 1970 to 12 June 1971.  Therefore, it would be appropriate to correct his DD Form 214 to show the correct dates of his service in Vietnam.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 4 November 1969 through 13 June 1971
* deleting from item 24 of his DD Form 214 the Vietnam Service Medal
* deleting from item 30 of his DD Form 214 the entry "RVN:  26 May 1971-12 June 1971"
* adding to item 24 of his DD Form 214 the:

* Soldier's Medal
* Army Commendation Medal (2nd Award)
* Air Medal (3rd Award) and with "V" Device
* Army Good Conduct Medal (1st Award)
* Aircraft Crewmember Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* adding to item 30 of his DD Form 214 the entry "RVN:  26 May 1970-12 June 1971



      _______ _   _x______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20130009104





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ABCMR Record of Proceedings (cont)                                         AR20130009104



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